Pindi Bench cites serious procedural flaws and lack of forensic evidence during his acquittal
Rawalpindi bench of the LHC. Photo: File
The Rawalpindi bench of the Lahore High Court has quashed the death sentence awarded to Aneeqa Atiq, who was convicted in a high-profile blasphemy case, investigated by the cybercrime wing of the FIA, in Rawalpindi.
The court acquitted Aneeqa on technical grounds on Tuesday, citing serious procedural flaws in the prosecution’s case. Delivering its judgment, the bench, comprising Justices Sadaqat Ali Khan and Waheed Khan, observed that the conviction could not stand as the prosecution had failed to satisfy the court in terms of evidence and basic legal requirements.
The court noted that the accused and the complainant were not related and no lawful or personal relationship had been established between them. She further pointed out that no forensic examination had been carried out on the cell phone allegedly belonging to the accused, nor was there any evidence that the hand-held device was in fact his property.
Similarly, complainant Hassanat Farooq’s mobile phone was never subjected to forensic testing, and the prosecution has not produced any evidence demonstrating a direct or verifiable link between the two.
The plaintiff’s lawyer argued that Farooq and Atiq got to know each other while playing the online game PUBG, during which the alleged exchange of offensive messages took place. The court, however, found that such knowledge did not constitute proof of guilt, particularly in the absence of forensic corroboration or verified communication records.
As a result, the court declared the death sentence void on technical grounds, emphasizing that the legal conditions necessary for such a sentence were not met.
Atiq had been held in a death cell in Adiala prison for three years. The FIA’s cybercrime wing had registered the case against her in 2020, and in 2022, an additional district and sessions judge had sentenced her to death and forfeiture of her property under sections 295-A, 295-C and 298-A of the Pakistan Penal Code.
The defense argued the case was baseless and malicious, saying Atiq was falsely implicated in a “conspiracy-motivated prosecution.” Her lawyer argued that there was no credible evidence that she ever sent blasphemous messages via WhatsApp.
After the decision was announced, defense lawyer Raja Imran Khalil Advocate told reporters that the court acquitted his client on purely technical grounds, without delving into the merits of the case, and confirmed his intention to challenge the verdict in the Supreme Court.
The written judgment is to be sent to Adiala Prison, after which Atiq’s release is expected later this week.
